City of Thibodaux Zoning Review - South Central Planning ...

City of Thibodaux Zoning Review - South Central Planning ... City of Thibodaux Zoning Review - South Central Planning ...

09.07.2015 Views

Thibodaux Zoning Review 2010going to get public comments, does anybody from the public want to address this. Mr. GaryPalmer, 314 Melrose Drive came forward and stated what about places like garden homes wherethey’re specific homes but they pretty much fill up the lot. Mr. Breaud stated that is different zonesand different rules apply to that they can build up against the lot line, they’ve got zero lot lines onthose specific applications. Mr. Jeff Donnes came forward and stated Mr. Chairman whathappened when you are in an R-2 or R-3 and you’re trying to do either residential or commercialuses, you’re eliminating or you’re limiting what you can do with these places both ways I mean it isjust, you need to use more of the land than anything else with the value of these things coming up.Mr. Breaud stated do we want to allow houses to build closer than five foot side line offsets, I don’tthink people want that especially the houses that are existing now to allow their neighbor to comebuild up against their property line or decrease the front lot or decrease the back lot when thesubdivision has already been established and everything in that other subdivision is complying tothat rule or is non-conforming and it is grandfathered in. Some other issues that we are gettingready to discuss in this thing right here is in non-conforming uses about changing the percentageof damaged areas such as if we get a hurricane if we would increase the 50% damage to 75%which would allow them to continue having the grandfather clause in so in some of those casesthat would apply that they could build back what they have now. That is just my opinion on someof that, building something too big on a lot I think in newer subdivisions that developers should be,if the market demand is for bigger houses well the developer should be creating bigger lots to fitthose houses on. Mr. Donnes replied well that is the question of money, the market is going todrive those issues. Mr. Breaud stated I realize that but if they can drive a bigger house they candrive a bigger lot. Mr. Donnes stated look at Rienzi, Rienzi is sitting on 100 x 100 lots and that isfine, Rienzi says I only want you to have a minimum of 1,400 square feet, it is not Rienzi that isbuilding 3,000 or 4,000 square foot living houses on those lots, it is the individual, it is the publicsaying this is what I want. Again, government is sitting back there going no, we don’t want you tohave it and all these developers are doing is say, listen here is the minimum but you’re going toeliminate the maximums. My thinking is let the public decide a lot of time what they want in thesesubdivisions. Mr. Breaud stated we have that process in place, we have a Board of Adjustmentsthat you can go in front of the Board of Adjustments to get a variance for certain things and that iswhat that board is set up for. When we’re talking about setting ordinances right now, we’re tryingto set an ordinance city wide which pertaining to everything, existing lots of record, new lots ofrecord, new developments and everything so there is not one size that is going to fit all. Mr.Donnes relied I understand. Mr. Breaud stated and that is why that Board of Adjustments wascreated to grant those variances in hardship cases and it doesn’t matter. So right now it is aphilosophy yes, do you want to give up on everything, you know like Mr. Belanger said do you wanta nice aesthetic looking area or do you want to just crowd everything on a lot. Now we’ve got area,we’ve got townhouse ordinances, we’ve got these other ordinances for condos that allow zero lotline, but when somebody is buying in those areas they know that they’re going to have somebodyup against the property line but they knew that going in. Right now if we have peoplegrandfathered in and they bought a house and have been living there 30 years and they knew therules at that time was they wasn’t going to have anybody within 10 feet of their property line andnow we’re getting ready to change the rules and it is going to open up a whole can of worms forthose people that are existing there now, that’s my feelings on it. Does anybody have anyquestions for Mr. Donnes, do you have any more comments, Mr. Donnes. Mr. Donnes replied myonly concern I looked at Jake’s development over here and he’s got 40 foot wide lots and 50 footwide lots and they’re going to be building big houses in there and they’re going to cover 60 to 70%of those lots with structure. Now what are you going to do with a development like that. Mr.Breaud stated those rules were set up going in, everybody knows, buy a lot in that developmentthat those rules exist and they can cover those lots and they can build close. Mr. Donnes repliedbut you’re not going to infringe on those subdivisions. Mr. Breaud replied the rules are set on that,that is a T.N.D. District. Mr. Donnes replied well that is the only T.N.D., now let’s take that, Rienzihas got the same subdivision but because they’re not a T.N.D. you are going to impose your will onthem, it is the same subdivision, it is not a governmental entity, they’ve got a subdivision set up butyet you all won’t let them do what you are going to let a T.N.D. do, correct? Mr. Breaud stated thatis because it was set up that way in the district, we’re not proposing to change anything right now,it is being presented to us to make a change and we have to vote tonight on whether we want toallow this change or deny the change on the recommendation to the Council. Mr. Donnes statedand you are going to make the final decision tonight. Mr. Breaud stated we’re going to make arecommendation to the Council tonight. Mr. Kevin Belanger came forward and stated just onething I guess for clarification purposes, we want you and the public to understand that what we’rerecommending is not more restrictive but what it is doing it is bringing clarity and allowing thePlanning Department to understand what is going to be considered lot coverage. The way waswritten before it was just 50% so that was including the dwelling, the structures, all theappurtenances that were on the property and that only had to total 50%, am I correct Errol? Mr.Price replied correct. Mr. Belanger stated so what we’re recommending to you is almost like amiddle ground of what is being requested by some tonight and I think what the PlanningCommission wants to head towards. The basis of creating a maximum lot is to continue to bringunity or consistency to the neighborhood, without it you will not have it and we’re providing at aminimum of 20% open area and that is key in a residential area - that is all I have to say. Mr.Breaud stated I definitely think we need to enhance the definition of it, Errol we spoke about thislast month and Errol’s definition or interpretation of the code, they didn’t have a definition but hewas only using the structure itself, not any side structure or concrete driveway so we definitely380

2010 Thibodaux Zoning Reviewneed to get a definition on what lot coverage is or what it includes. Mr. Belanger stated just tobring a little clarity to what a T.N.D. and a Rienzi type neighborhood, one is more pedestrianfriendly and one is more automobile friendly, When you have more pedestrian friendlyneighborhoods you want to be able to use the lots, you want to bring the streetscape up to theactual sidewalk so that way you build out more on the lot, the lots are typically smaller; but in aregular neighborhood where you have more accessibility by vehicles you want to open it up, youwant to have that openness for sight purposes and just the visual aspects. Mr. Breaud repliedthank you, sir. Mr. Anthony Lafaso of 1007 Highway 20 came forward and stated the rule doescreate blight, if there is any question, drive by 711 East 1 st Street. I’ve been here many times, I’vebeen before you guys quite a few times, I had a gas station there, I tried to turn it into aconvenience store, I was voted down quite a few times by every board, even under hardship rulesas you mentioned earlier and therefore it is now blighted property. The lot is too small to be able toput a residence on it but it can’t be a commercial property, although it has since it was formed in1960 when it was zoned C-3 when it was formed and somewhere along the way it became R-1 butit is too small to put a house on it but it can’t be a commercial property, so it is a blighted property,so there are some issues. Mr. Breaud stated but these rules don’t really apply thosecircumstances I don’t think. Mr. Lafaso replied 100%, yes sir, they do, because if I take mysetback requirements and all my minimums and all of that and put it there I cannot put a house onthere that anyone can live on. I think after setback requirements and after the 50% rule orwhatever the question is at hand and that is not even why I came tonight but I would like to talkabout it, but with all that at hand I think I can probably put about 700 or 800 square feet on thereand that is really not much. Mr. Breaud stated and if that was residential and what you arepreaching is to eliminate the side offset where you could build a structure up against the propertylines on all three sides. Mr. Lafaso replied at least I could do something with it as an R-1, right nowI can’t do anything, there is really no point for me to tear the building down and make it greenspace because that is going to cost me money. I spent hundreds of thousands of dollarspresenting my case to you and to the courts and to everyone involved and all the judges said thatyou guys were more important that they were when it comes down to zoning and it comes down toall of these different laws. I had a professional come before and I don’t want to get too far into thezoning because I’m sure I’m going to be back up here again but I had a professional who helpedwrite the state laws for zoning, the gentleman mentioned earlier about all the different towns thathe researched with colleges and things like that, my question is when has their zoning beenchanged, when has their stuff been addressed? If there’s hasn’t been addressed since the 60’sthen what good is that, to write a report on things that haven’t been changed within any timelymanner to fit what is going on in today’s world. I have a filling station, I changed oil, tires andgasoline, if you have young kids ask them where do you buy gas and I guarantee you there is not asingle one of them that will tell you that when you pull up to a filling station somebody is going toput gas in your tank for you unless you are fortunate enough to be able to spend 15 or 20 centsmore and go to a full service station, the prices of gas are too high today. You go to a conveniencestore to buy gas, that is what a gas station is today, that is what that building was and that realestate was since its inception but it got zoned out of it. Mr. Breaud stated I hope you understandthe rules and regulations for zoning, you know, in the parish there is no zoning and there is areason for having zoning, if we don’t want to have side offsets, if we don’t want to have minimumcoverage, if we don’t want to have sign ordinances well then we need to get rid of zoning in theCity of Thibodaux and I don’t think that is in the best interests of the residents of the City ofThibodaux. Mr. Lafaso stated I guess my point is it does create blight. Mr. Breaud stated do youthink you neighbors you know in the same situation you’re talking about if you had a neighbor oneither side, do you think they would appreciate you building up against the property line. Mr.Lafaso stated I’ve got a commercial business on the other side of me; that is the only structurethere, it is a commercial business, I can’t run my commercial business but they can run theirs. Mr.Breaud stated I’m not going to sit here and argue with anyone, there is a purpose for the offsetsyou know. Mr. Lafaso replied I understand the purpose for the offsets, I just wanted to make itclear that it will create blight and I think that it really needs to be considered to be changed. Mr.Breaud replied thank you for your comments. Mr. Breaud then asked if there were any other publiccomments. Councilman Badeaux came forward and stated Clay throughout the conversation youmentioned it three times tonight that would you appreciate somebody building right there, whetherwe have the 50% maximum or not, on the setback situation today as it exists you can still build 5’,ok, so it makes no difference they have the right to do it right now. Mr. Breaud stated no but someof the talk was to eliminate the offset and that is why I was clarifying it. Councilman Badeauxstated I’m not trying to eliminate the offset, I’m just saying lets simply eliminate the 50% and simplyuse our setbacks. Mr. Breaud stated I understand your request Chip. Councilman Badeauxreplied all right, thank you. Mr. Breaud then asked if there were any further comments, doesanybody want to make a motion, item fails for a lack of motion, so item is denied.NEW BUSINESS:The next item was to have South Central Planning & Development Commission hold apublic hearing to have an open discussion to review concerns and determine issues thatare relevant in the City of Thibodaux’s Zoning Ordinance. Mr. Kevin Belanger of South CentralPlanning & Development Commission came forward and stated well Mr. Breaud if I may I want tothank the Planning Commission, I’d like to thank the City Council and the Administration ofThibodaux for allowing us to be able to perform this review for you. I have Ms. Simone Caesar and481

<strong>Thibodaux</strong> <strong>Zoning</strong> <strong>Review</strong> 2010going to get public comments, does anybody from the public want to address this. Mr. GaryPalmer, 314 Melrose Drive came forward and stated what about places like garden homes wherethey’re specific homes but they pretty much fill up the lot. Mr. Breaud stated that is different zonesand different rules apply to that they can build up against the lot line, they’ve got zero lot lines onthose specific applications. Mr. Jeff Donnes came forward and stated Mr. Chairman whathappened when you are in an R-2 or R-3 and you’re trying to do either residential or commercialuses, you’re eliminating or you’re limiting what you can do with these places both ways I mean it isjust, you need to use more <strong>of</strong> the land than anything else with the value <strong>of</strong> these things coming up.Mr. Breaud stated do we want to allow houses to build closer than five foot side line <strong>of</strong>fsets, I don’tthink people want that especially the houses that are existing now to allow their neighbor to comebuild up against their property line or decrease the front lot or decrease the back lot when thesubdivision has already been established and everything in that other subdivision is complying tothat rule or is non-conforming and it is grandfathered in. Some other issues that we are gettingready to discuss in this thing right here is in non-conforming uses about changing the percentage<strong>of</strong> damaged areas such as if we get a hurricane if we would increase the 50% damage to 75%which would allow them to continue having the grandfather clause in so in some <strong>of</strong> those casesthat would apply that they could build back what they have now. That is just my opinion on some<strong>of</strong> that, building something too big on a lot I think in newer subdivisions that developers should be,if the market demand is for bigger houses well the developer should be creating bigger lots to fitthose houses on. Mr. Donnes replied well that is the question <strong>of</strong> money, the market is going todrive those issues. Mr. Breaud stated I realize that but if they can drive a bigger house they candrive a bigger lot. Mr. Donnes stated look at Rienzi, Rienzi is sitting on 100 x 100 lots and that isfine, Rienzi says I only want you to have a minimum <strong>of</strong> 1,400 square feet, it is not Rienzi that isbuilding 3,000 or 4,000 square foot living houses on those lots, it is the individual, it is the publicsaying this is what I want. Again, government is sitting back there going no, we don’t want you tohave it and all these developers are doing is say, listen here is the minimum but you’re going toeliminate the maximums. My thinking is let the public decide a lot <strong>of</strong> time what they want in thesesubdivisions. Mr. Breaud stated we have that process in place, we have a Board <strong>of</strong> Adjustmentsthat you can go in front <strong>of</strong> the Board <strong>of</strong> Adjustments to get a variance for certain things and that iswhat that board is set up for. When we’re talking about setting ordinances right now, we’re tryingto set an ordinance city wide which pertaining to everything, existing lots <strong>of</strong> record, new lots <strong>of</strong>record, new developments and everything so there is not one size that is going to fit all. Mr.Donnes relied I understand. Mr. Breaud stated and that is why that Board <strong>of</strong> Adjustments wascreated to grant those variances in hardship cases and it doesn’t matter. So right now it is aphilosophy yes, do you want to give up on everything, you know like Mr. Belanger said do you wanta nice aesthetic looking area or do you want to just crowd everything on a lot. Now we’ve got area,we’ve got townhouse ordinances, we’ve got these other ordinances for condos that allow zero lotline, but when somebody is buying in those areas they know that they’re going to have somebodyup against the property line but they knew that going in. Right now if we have peoplegrandfathered in and they bought a house and have been living there 30 years and they knew therules at that time was they wasn’t going to have anybody within 10 feet <strong>of</strong> their property line andnow we’re getting ready to change the rules and it is going to open up a whole can <strong>of</strong> worms forthose people that are existing there now, that’s my feelings on it. Does anybody have anyquestions for Mr. Donnes, do you have any more comments, Mr. Donnes. Mr. Donnes replied myonly concern I looked at Jake’s development over here and he’s got 40 foot wide lots and 50 footwide lots and they’re going to be building big houses in there and they’re going to cover 60 to 70%<strong>of</strong> those lots with structure. Now what are you going to do with a development like that. Mr.Breaud stated those rules were set up going in, everybody knows, buy a lot in that developmentthat those rules exist and they can cover those lots and they can build close. Mr. Donnes repliedbut you’re not going to infringe on those subdivisions. Mr. Breaud replied the rules are set on that,that is a T.N.D. District. Mr. Donnes replied well that is the only T.N.D., now let’s take that, Rienzihas got the same subdivision but because they’re not a T.N.D. you are going to impose your will onthem, it is the same subdivision, it is not a governmental entity, they’ve got a subdivision set up butyet you all won’t let them do what you are going to let a T.N.D. do, correct? Mr. Breaud stated thatis because it was set up that way in the district, we’re not proposing to change anything right now,it is being presented to us to make a change and we have to vote tonight on whether we want toallow this change or deny the change on the recommendation to the Council. Mr. Donnes statedand you are going to make the final decision tonight. Mr. Breaud stated we’re going to make arecommendation to the Council tonight. Mr. Kevin Belanger came forward and stated just onething I guess for clarification purposes, we want you and the public to understand that what we’rerecommending is not more restrictive but what it is doing it is bringing clarity and allowing the<strong>Planning</strong> Department to understand what is going to be considered lot coverage. The way waswritten before it was just 50% so that was including the dwelling, the structures, all theappurtenances that were on the property and that only had to total 50%, am I correct Errol? Mr.Price replied correct. Mr. Belanger stated so what we’re recommending to you is almost like amiddle ground <strong>of</strong> what is being requested by some tonight and I think what the <strong>Planning</strong>Commission wants to head towards. The basis <strong>of</strong> creating a maximum lot is to continue to bringunity or consistency to the neighborhood, without it you will not have it and we’re providing at aminimum <strong>of</strong> 20% open area and that is key in a residential area - that is all I have to say. Mr.Breaud stated I definitely think we need to enhance the definition <strong>of</strong> it, Errol we spoke about thislast month and Errol’s definition or interpretation <strong>of</strong> the code, they didn’t have a definition but hewas only using the structure itself, not any side structure or concrete driveway so we definitely380

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